Last Updated: June 8, 2020
Blink Identity provides face recognition services for events and other occasions (the “Face Recognition Services”).
For the purposes of the GDPR, Blink Identity is considered the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at Blink Identity, Inc., 3616 Far West #117-258, Austin, TX 78731.
The GDPR applies to you if you reside in the European Economic Area (an “EEA Resident”).
This policy describes the types of information we may collect from you or that you may provide when you access or use the Face Recognition Services, the Site, the other Blink Identity Services or any of the other features, functions, services, and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect or may collect:
- In accessing and using the Site.
- In purchasing the right to have the Face Recognition Services available at your event.
- In registering to use the Face Recognition Services.
- In accessing and using the Face Recognition Services and the other Blink Identity Services.
- In e-mail, text and other electronic messages sent through or use of the Site, the Face Recognition Services, and the other Blink Identity Services.
- When you send any content through the Site or any of the other Blink Identity Services.
- Through services provided to us or to you by third-party companies, agents or contractors.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Blink Identity or any third party; or
- Any third party, including through any link that may be accessible from or on the Site or any of the other Blink Identity Services.
Information We Collect About You and How We Collect It
We collect or may collect several types of information from and about users of the Face Recognition Services, the Site and the other Blink Identity Services, including:
- Information by which you may be personally identified, including personal data such as name, e-mail address and photo;
- Information that tracks the events that you have attended based on your use of the Face Recognition Services at these events.
- Information that you provide by registering on or through the Site and the other Blink Identity Services, including information provided in connection with registering to access and use the Face Recognition Services;
- Billing and payment information, including the address for billing, billing contact information and credit card information;
- Analytics information;
- Information that is about you but individually does not identify you, such as the date and time of visit;
- Usage details and information, including how you communicate with other users of the Blink Identity Services, such as the time, date, sender and your interactions with messages (such as when you open a message);
- When you report a problem with any of the Blink Identity Services;
- Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or
- Details of transactions you carry out through the Site and any of the other Blink Identity Services.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through or the Site or any of the other Blink Identity Services. From third parties, such as our customers, business partners and other third parties that provide us or you with certain services.
Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for staff training or quality assurance purposes.
We understand the sensitivity of sharing your photo with a third party. That’s why, except to the extent required by a customer under the terms of our agreement with this customer, we do not keep a copy of your photo in our data base after we have had the opportunity to verify that a photo meets the requirements for the operation of the Face Recognition Services. Instead, after you provide your photo, we create a template that we use in connection with the Face Recognition Services. Anyone that has access to that template would not be able to tell whose photo it is.
We take every reasonable step to limit the volume of your personal data that we process to what is reasonably necessary.
We do not Engage in Automated Decision-making without Human Intervention
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.
Consequences of not providing Personal Data
You are not required to provide all personal data identified in this policy to use our Site or to interact with us offline, but we will not be able to provide the Face Recognition Services if you do not provide certain personal data. In addition, if you do not provide the personal data, we may not be able to respond to your requests or provide you with other important information.
The technologies we use for automatic data collection may include:
- Pixels and Tags. Pixels and tags are site instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the associated member account details, which include name, city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.
Do Not Track Policy
Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals.
Third-party Responsibilities and Services.
We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), including, website hosting, CRM, invoicing and payment processing, relationship building, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services. These Services Providers may have adopted their own privacy policies, which are not subject to control by Blink Identity. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list all of our current Service Providers because they change from time to time. If you would like the names of any of our Service Providers, please email us at firstname.lastname@example.org.
The Service Providers may also transmit cookies or beacons to your computer or device when you access the Site or any of the other Blink Identity Services.
DoubleClick: We may use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website..
Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.
How We Use Your Information
- Where the use of your information is necessary for the performance of a contract we are about to enter into or have entered into with you or pursuant to which we are providing services to you or on your behalf;
- Where the use is necessary for the purposes of our legitimate interests (or those of a third party);
- Where we need to comply with a legal or regulatory obligation; or
- Where you have given your consent (which can be withdrawn at any time).
We use information that we collect about you or that you provide to us, including any personal data, for the following purposes:
- To provide the Face Recognition Services, including the confirmation of your identity.
- To provide the Site and the other Blink Identity Services and the content that is on them to you.
- To process and complete transactions, including purchases of, or the registration for, the use of the Face Recognition Services at certain events and send you related information.
- To provide technical and other support to you.
- To send you news or information about us.
- To enable Service Providers to perform certain responsibilities and provide certain services in connection with the Blink Identity Services and our business and operations.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to the Face Recognition Services, the Site and the other Blink Identity Services.
- To enhance the safety and security of the Face Recognition Services and all of the other Blink Identity Services.
- To verify your identity and prevent fraud or other unauthorized or illegal activity.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Site, the Face Recognition Services and the other Blink Identity Services, and to deliver a better and more personalized service, including enabling us to:
- Estimate our audience size and better understand usage patterns.
- Store information about your preferences, enabling us to customize the Site according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Site.
Storage and Transfer of Your Information
We may store any data or other information that we collect (personal or otherwise) ourselves or in databases and servers owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the Site, Face Recognition Services or any of the other Blink Identity Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Blink Identity and you. By allowing Blink Identity to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.
Although users from all over the world may access the Site, the Face Recognition Services and the other Blink Identity Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To our customers in connection with the Face Recognition Services or any of the other Blink Identity Services.
- To Service Providers, contractors and other third parties we use to support the Blink Identity Services and our business.
- To a potential or actual buyer. assignee or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Blink Identity’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Blink Identity about users of the Face Recognition Services and the other Blink Identity Services is among the assets that may be or are actually transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your data information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply the Terms and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Blink Identity, our customers or others.
Choices About How We Use and Disclose Your Personal Data
We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your personal data:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.
We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.
Our Legal Bases for Handling Your Personal Data
GDPR and the laws in some other jurisdictions require companies to tell you about the legal bases that they rely on to use or disclose your personal data. To the extent that those laws apply, we rely on the following legal grounds to process your personal data:
- Performance of a contract: In most cases, we collect and use your personal data and other information to meet our obligations under a contract to which you are a party or pursuant to which we are providing services to you or on your behalf. For example, when you use the Face Recognition Services, the Site, or the other Blink Identity Services, we will use your personal data to respond to your requests and to provide you with these services.
- Legitimate interests: We may use your personal data information for our legitimate interests on the grounds that it furthers our legitimate interests in commercial activities (but only to the extent that such interests are overridden by the interests or fundamental rights and freedoms of the affected individuals) including:
- Analyzing and improving the Face Recognition Services, the Site and the other Blink Identity Services and our business
- Providing the services in connection with the Face Recognition Services
- Legal compliance: We may use and disclose personal data in certain ways to comply with our legal obligations under European or Member State law or other applicable law.
- Consent: To the extent required by law, and in certain other cases, we handle personal data on the basis of implied or express consent.
Accessing and Correcting Your Personal Data
You may change, correct or delete any personal data that you have provided to us by emailing us at email@example.com. We will use commercially reasonable efforts to honor your request; provided that we may retain an archived copy of your records as required by law or for legitimate business purposes.
Blink Identity complies with the EU-U.S. Privacy Shield Framework (the “EU-U.S. Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States.
Blink Identity is subject to investigatory and enforcement powers of the U.S. Federal Trade Commission.
Blink Identity has further committed to refer unresolved Privacy Shield complaints to JAMS (Judicial Arbitration and Mediation Services, Inc), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS (Judicial Arbitration and Mediation Services, Inc) are provided at no cost to you.
Blink Identity has further committed to cooperate with the panel established by the EU data protection authorities (“DPAs”) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.
EEA Residents may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website. To learn more about the Privacy Shield Framework at https://www.privacyshield.gov.
Consistent with the Privacy Shield Principles, Blink Identity may transfer personal data to third parties, including transfers from one country to another. We will only disclose an individual’s non-public personal data to third parties under one or more of the following conditions:
- With the individual’s permission to make the disclosure.
- Where required to the extent necessary to meet a legal obligation to which Blink Identity is subject, including a lawful request by public authorities and national security or law enforcement obligations and applicable law, rule, order, or regulation.
- Where reasonably necessary for compliance or regulatory purposes, or for the establishment of legal claims.
- The disclosure is to Service Providers (as described above), to our customers and/or to certain employees in connection with the operation of our business, and as consistent with the purpose for which the personal data was collected. We maintain written contracts with these third parties and require that these third parties provide at least the same level of privacy protection and security as required by the Privacy Shield Principles. To the extent provided by the Privacy Shield Principles, Blink Identity remains responsible and liable under the Privacy Shield Principles if a third-party that it engages to process personal data on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless Blink Identity proves that it is not responsible for the matter giving rise to the damage.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to or write to us at: Blink Identity, Inc., 3616 Far West #117-258, Austin, TX 78757.
European Privacy Rights for EEA Residents.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.
If you are an EEA Resident and GDPR applies and we hold your personal data in our capacity as a controller, you may request that we:
- Provide access to and/or a copy of certain personal data (including, in some cases, in portable form);
- Prevent the processing of your personal data for direct-marketing purposes (including any direct marketing processing based on profiling);
- Update personal data that is out of date or incorrect;
- Delete certain personal data which we are holding about you; provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim;
- Object to our processing of personal data;
- Restrict the way that we process and disclose certain of your information except to the extent that processing is required (i) to comply with a legal obligation under European Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims;
- Transfer your personal data to a third party to the extent that this is technically feasible; and
- Honor a revocation of your consent for the processing of your personal data (without retroactive effect).
We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include information that we need to keep processing for our legitimate interests or to comply with a legal obligation. We may request you provide us with additional information to confirm your identity before responding to your request. You have the right to lodge a complaint with the authorities applicable to your situation, though we invite you to contact us with any concern, as we would be happy to try to resolve it directly.
If you are an EEA Resident in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.
If you reside in a jurisdiction other than the European Economic Area, you may also have similar rights to the above. Please contact us at firstname.lastname@example.org if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.
You can exercise any of these rights by contacting us at email@example.com or write to Blink Identity, Inc., 3616 Far West #117-258, Austin, TX 78731.
How Long We Store Your Personal Data
We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfil the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.
We understand that the security of your personal data is important. We provide reasonable administrative, technical, and physical security controls to protect your personal data. However, despite our efforts, no security controls are 100% effective. Blink Identity cannot ensure or warrant the security of your personal data. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or through the Application.
The safety and security of your data also depends on you. Where you have chosen (or we have given you) a password for access to and use of certain parts of the Site, Face Recognition Services and/or the other Blink Identity Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the Blink Identity Services. The information you share in public areas may be viewed by any other user of the Blink Identity Services.
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